Employers Can Mandate the COVID-19 Vaccine, but Should They?

These days the news is brimming with articles about the eagerly awaited release of a COVID-19 vaccine. Employers are holding out hope that the vaccine is the path back to a normally functioning workplace, and some are seeking opportunities to get employees vaccinated as soon as possible. But can an employer mandate that employees receive the COVID-19 vaccine? Based on recently issued EEOC guidance, the answer is yes, but with the obligation to provide accommodations to those with disabilities under the ADA and those with sincerely held religious beliefs under Title VII. In previous guidance regarding vaccinations, the EEOC recommended private employers consider encouraging, rather than requiring, employees to take the vaccine. While this recommendation was not reiterated in the current vaccine-related guidance, it should still warrant consideration given the broad protections under the ADA and Title VII described by the EEOC.